Contextualism, Feminism, and a Canadian Woman Judge

Feminist legal scholars have never cut the first woman appointed to the Supreme Court of Canada as much slack as the second. Yet the first, Justice Bertha Wilson, introduced the contextual method into the Court’s jurisprudence. Her approach to contextualism is consistent with one of three feminist legal methods that Katharine T. Bartlett identifies. More specifically, it is consistent with Bartlett’s feminist practical reasoning. However, Justice Wilson’s contextualism is not without its critics. The most challenging, Ruth Colker, contends it must work in conjunction with a distinctive substantive principle. Justice Wilson took a different approach, aligning the contextual method with the constitutional principle of proportionality. Thus construed, this paper argues, contextualism represents a new approach to feminist judging.

Between Interest and Responsibility: Assessing China's Foreign Policy and Burgeoning Global Role

Abstract

This article is situated within the contemporary debates about the nature and purpose of China's growing power. It uses the concepts of “national interest” and “international responsibility” as a framework of analysis for Chinese foreign policy, and develops a three-dimensional typology to conceptualize their relationship (antagonistic; instrumental; mutually constitutive). This article adopts two main arguments. First, a stronger China is one gravitating toward greater notions of international responsibility, albeit instrumentally. Second, observable trends in China's evolving worldview indicate, however, that it is conceiving its national interests more broadly, embracing further socialization and greater normative commitments to international society. One may therefore view China's burgeoning global role as a great power with a degree of “cautious optimism.”     

The Ascendance of Political Islam: Hamas and consolidation in the Gaza Strip

This article outlines the means by which the Palestinian Islamic movement Hamas has developed and implemented a consolidation of power strategy that is inexorably driving it to a state of increasingly authoritarian control in the Gaza Strip. It discusses the factors that have driven Hamas in terms of power seeking as primordial to all radical Islamist movements or as a result of or response to other factors outside its control. The article highlights the concurrent demise of the Fatah organisation in the Gaza Strip as the largest and most visible symbol of secularism. It then reflects on the role of external, including international, actors in accelerating consolidation tactics following the Hamas ‘takeover’ of power from the Fatah-dominated institutions of the Palestinian Authority (PA) in June 2007. The article aims to demonstrate that Hamas' control in Gaza is an important signpost in terms of developing Islamism in the Middle East region.     

Peter Fitzpatrick,Modernism and the Grounds of Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

The Blockade on Qatar: Conflict Management Failings

ABSTRACT

Current tensions in the Gulf region highlight the persistence of crises and conflict. A number of states within the area now regularly engage in interventionist actions that challenge previously held norms of sovereignty and non-intervention. Fragmentation characterises what were once considered fairly robust structures of unity and enduring regional organisation. Theoretical norms that presuppose non-intervention are tested by new forms of coercion and interventionism among Gulf actors that exacerbate rather than resolve security dilemmas. In turn, this highlights the inadequacies of normative models of conflict management and resolution, and in particular mediation. These developments are examined in the case of the blockade against Qatar instituted by Bahrain, Egypt, Saudi Arabia and the United Arab Emirates in June 2017.